I think it is safe to assume George Zimmerman would not waive this requirement.

I don't know. His post-shooting decision-making up till now hasn't been that impressive.

September 13th, 2012, 02:48 PM

Adrenaline

Quote:

Originally Posted by phreddy

I think it is safe to assume George Zimmerman would not waive this requirement.

Yes but accuracy as to the law is important too.

September 13th, 2012, 02:49 PM

Adrenaline

Quote:

Originally Posted by randian

Why would a defendant ever waive this?

I certainly would not if I had been charged and was going to trial.

September 13th, 2012, 03:48 PM

rolyat63

Then new judge has one SYG hearing under her belt which she rejected but the jury acquitted the defendant. The two cases are very different in my mind except the final act which was adjudicated as self defense is very similar "...that Leonard was about to grab the gun."

Boone charged at Jones, lifting a glass-top table as if to flip it onto the defendant, the judge wrote, and Jones opened fire, shooting Boone three times.

On April 27, at Jones' "stand your ground" hearing, defense attorney Dan Geraghty put the defendant and two witnesses who were in a nearby apartment on the stand.
In her five-page order, Nelson made it clear that she did not believe the defendant and at least one of the witnesses. Boone's actions, she wrote, would not have caused a reasonable person to believe that he was about to commit a forcible felony.
A month later, a Seminole County jury acquitted Jones after listening to him explain why he opened fire.
"We argued to the jury that it was pure reaction, that Leonard was about to grab the gun," Geraghty said.

It's not surprising, Geraghty said, that the jury and the judge came to different conclusions. A jury is required to measure the evidence one way: Has the state proved the defendant's guilt beyond every reasonable doubt? The judge must rely on a different standard: By a preponderance of evidence, has the defendant proved that he had a reasonable fear of imminent death or great bodily injury?

September 13th, 2012, 08:58 PM

Adrenaline

Quote:

Originally Posted by rolyat63

Then new judge has one SYG hearing under her belt which she rejected but the jury acquitted the defendant. The two cases are very different in my mind except the final act which was adjudicated as self defense is very similar "...that Leonard was about to grab the gun."

Boone charged at Jones, lifting a glass-top table as if to flip it onto the defendant, the judge wrote, and Jones opened fire, shooting Boone three times.

On April 27, at Jones' "stand your ground" hearing, defense attorney Dan Geraghty put the defendant and two witnesses who were in a nearby apartment on the stand.
In her five-page order, Nelson made it clear that she did not believe the defendant and at least one of the witnesses. Boone's actions, she wrote, would not have caused a reasonable person to believe that he was about to commit a forcible felony.
A month later, a Seminole County jury acquitted Jones after listening to him explain why he opened fire.
"We argued to the jury that it was pure reaction, that Leonard was about to grab the gun," Geraghty said.

It's not surprising, Geraghty said, that the jury and the judge came to different conclusions. A jury is required to measure the evidence one way: Has the state proved the defendant's guilt beyond every reasonable doubt? The judge must rely on a different standard: By a preponderance of evidence, has the defendant proved that he had a reasonable fear of imminent death or great bodily injury?

SYG was abandoned as a tactic bu Zimmerman's attorney. Unless they changed that decision they are going to argue self defense.

September 17th, 2012, 10:24 PM

CaveJohnson

SYG in Florida does not seem to be applied evenly by law enforcement. Brandon Baker's case is insane to me that SYG is an acceptable defense for example.

September 17th, 2012, 10:41 PM

Adrenaline

Quote:

Originally Posted by CaveJohnson

SYG in Florida does not seem to be applied evenly by law enforcement. Brandon Baker's case is insane to me that SYG is an acceptable defense for example.

Law enforcement does not determine whether or not charges are brought nor do they determine the defense a particular person charged with a crime chooses to present. The entire purpose of the SYG hearing is to determine if the defense has a legal basis to avoid the rest of the proceedings altogether.

Law enforcement does not determine whether or not charges are brought nor do they determine the defense a particular person charged with a crime chooses to present. The entire purpose of the SYG hearing is to determine if the defense has a legal basis to avoid the rest of the proceedings altogether.

It was my understanding with Brandon Baker's shooting that the shooter was never even arrested because his claim of SYG was considered okay then. Never went before a judge of any kind.

September 17th, 2012, 11:18 PM

Adrenaline

Quote:

Originally Posted by CaveJohnson

It was my understanding with Brandon Baker's shooting that the shooter was never even arrested because his claim of SYG was considered okay then. Never went before a judge of any kind.

It still went before a prosecutor who declined to file charges. The police don't get to make that call -- it is not the same as a police officer exercising discretion in writing a ticket.

September 17th, 2012, 11:26 PM

Mike1956

Quote:

Originally Posted by Adrenaline

It still went before a prosecutor who declined to file charges. The police don't get to make that call -- it is not the same as a police officer exercising discretion in writing a ticket.

The police didn't get to make the call in the Zimmerman case, for sure.

September 17th, 2012, 11:29 PM

Poseidon

Even is Zimmerman is acquitted. His life will be spent in hiding from the certain groups that mean him harm

September 17th, 2012, 11:57 PM

msgt/ret

Quote:

Originally Posted by Poseidon

Even is Zimmerman is acquitted. His life will be spent in hiding from the certain groups that mean him harm

That will be so true as demonstrated by the Anthony case. Not to get into any opinions as to the outcome of the case but she has been hounded ever since and if acquitted Zimmerman will face the same outcome.

September 18th, 2012, 08:29 AM

Guns and more

Someone on another forum made a map of the complex with the locations of critical events noted.
I took it another step and made a map using a Google Earth image, and transposing the events onto it.
I have a whole new perspective of how small the area is. You can see where Z parked, where he saw M, and where he walked to follow M. also, Z was waiting for the local cops, and he expected M to run for the side entrance. Tie this into the time line established from the 911 calls, the content of the calls, and I'm convinced Z was attacked by M.
The court seems to be moving at a glacial pace, and Z's life is forever changed, but I hope justice is done.